29 December 2004 · Planning Committee
Kings Guest House, Queens Promenade, Douglas, Isle Of Man, IM2 4nl
The proposal was for retrospective planning permission (and associated Registered Building Consent) to keep five uPVC top hung casement windows (two fixed, three opening) that had been installed on the second floor front elevation of Erin Brae, a three-storey guest house built in 1821-22, located on Queens Promenade be…
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The Planning Committee refused because the uPVC top hung casement windows replaced painted timber sliding sash windows, which were out of keeping with the original design of the Registered Building, r…
Policy RB15 in Planning Policy Statement 1/01
Requires special regard to preserving Registered Building or its setting/features of special architectural/historic interest; general presumption against alterations affecting character unless justified with full impact assessment. Officer assessed uPVC replacement as detrimental to special interest, lacking justification despite emergency claims.
Policy CA12 in Planning Policy Statement 1/01
Impact on special character of Conservation Area is material consideration. Assessed replacement as loss of detailing/important feature, detrimental to Victorian-era character with Georgian elements.
Environment Policy 36
Prohibits extensions/alterations detrimentally affecting Registered Building's special interest. uPVC windows failed test as out of character.
Environmental Policy 39
Permits only development preserving/enhancing Conservation Area character. Replacement harmed promenades townscape.
no views on the application, the application having been considered and having no adverse traffic impacts
no objection to the proposals
Douglas Corporation has no objection to the retrospective window installation at Erin Brae, Queens Promenade, and Highways Division confirms no adverse traffic impacts with no views on the application.
Douglas Corporation
No ObjectionDouglas Corporation have no objection to the proposals listed below.; I do not wish to add to the comments already submitted on behalf of Douglas Corporation.
Douglas Corporation
No ObjectionI do not wish to add to the comments already submitted on behalf of Douglas Corporation.
Highways Division, Department of Transport
No ObjectionThe Highways Division of the Department of Transport has no views on the following application, the application having been considered and having no adverse traffic impacts.
The original applications PA 04/02068/GB and PA 04/02068/CON for retrospective planning permission and registered building consent were refused by the Planning Committee on 2 December 2004 and reviewed on 10 February 2005. The appellants argued urgency due to safety risks from damaged windows, high cost of timber replacements, precedents of uPVC in the area, building alterations over time, and sustainability benefits. The Council defended refusal citing strict policies on window replacements in registered buildings and conservation areas. The inspector found the uPVC windows failed to retain the architectural integrity of the registered building or maintain the conservation area's character, rejecting emergency justifications and noting lack of consultation. Both appeals were dismissed on 16 June 2005.
Precedent Value
Appeals for uPVC window replacements in prominent Registered Buildings/Conservation Areas will fail without matching original materials/opening methods, regardless of cost, urgency or local precedents unless exceptional circumstances proven. Owners must consult officers and consider temporary safeguards; policy strictly upheld post-designation.
Inspector: David G Hollis
